If an employee files a complaint about a supervisor but both have acted inappropriately, can the employer discipline or dismiss the employee for their misconduct?
Question: If an employee files a complaint about a supervisor but both are found to have acted inappropriately, can the employer discipline or dismiss the employee for their misconduct?
Answer: As is often the case in law, the answer is: It depends. What is the nature of the misconduct? Does the employer have policies in place? If so, what do the policies say, and are employees aware of such policies? Would imposing discipline or dismissal constitute unlawful reprisal and/or discrimination? Is the dismissal with or without cause?
